Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87287 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== 1.

Ramesh Yadav, Son of Babunand Yadav, Resident of Village- Sahdullepur, P.S.- Gopalganj, Distt- Gopalganj.

2.

Mukesh Ram, S/o Suresh Ram, Resident of Village- Salempur, P.S.- Gopalganj, Distt- Gopalganj.

3.

Rajesh Ram, S/o Dahari Ram,Resident of Village- Bangari, P.S.- Gopalganj, Distt- Gopalganj.

4.

Prashuram Patel, S/o Naujat Prasad, Resident of Village- Sareya, Ward No.03, P.S.- Gopalganj, Distt- Gopalganj 5.

Sudama Barai, Son of Bhola Barai, Resident of Village- Sareya, Barai Tola, P.S.- Gopalganj, Distt- Gopalganj.

6.

Ramji Yadav, S/o Indrasen Chaudhary, Resident of Village- Majhariya, P.S.- Gopalganj, Distt- Gopalganj.

7.

Ramnaresh Patel, S/o Timal Patel, Resident of Village- Barai Tola, P.S.- Gopalganj, Distt- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-01-2020 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Gopalganj P.S. Case No.314 of 2019 registered for the offence punishable under Sections 341, 323, 386, 420, 120(b)of the Indian Penal Code.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.87287 of 2019(2) dt.24-01-2020 2/3 complainant/informant has alleged that he had sold a piece of Khatiyani land pertaining to Khata No.41, Plot No.304, measuring total area of 4 Kathas 6 Dhurs, under his allotted share to one Bhudhiya Devi vide registered sale deed dated 22.05.1931. It is submitted that the said Budhiya Devi sold the land on 07.06.1980 to one Lakhapatiya Devi, who is the ancestor of petitioner nos.2 and 3 and thereafter mutation was done and they have been enjoying the land and in possession of the land since then uninterruptedly. It is further submitted that till date, no one has challenged the aforesaid deed, but all of a sudden, the informant has put undue pressure to return the land stating that the said land was his Khatiyani land.

Learned counsel for the petitioners further submits that if at all there is any dispute, it was open to the informant/complainant to take appropriate civil remedy for annulling the sale deeds which were executed earlier. Learned counsel thus submits that the petitioners may be extended the privilege of anticipatory bail.

Patna High Court CR. MISC. No.87287 of 2019(2) dt.24-01-2020 3/3 Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-II, Gopalganj, in connection with Gopalganj P.S. Case No.314 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T